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HomeMy WebLinkAboutA6805 - SMOKE TREE STABLESEXHIBIT A 2500 South Toledo APenRP Palm SMOKE TREE STABLES Phonc(760)760s, CA9226 32i-13721''a.r(760)320-83ti1 F< E-Mail:inro(ismoketreestables_com Web:www.smoketreestables.com HORSE BOARDING CONTRACT FOR PALM SPRINGS POLICE MOUNTED UNIT July 1, 2017-July 1, 2018 Capt. Henk Peeters Palm Springs Police Department Mounted Unit Dear Capt. Peeters, Attached you will find a new contract and breakdown of costs for boarding along with amenities we provide. As discussed we are providing the stalls at our cost to the Palm Springs Police Departments Mounted unit. The breakdown is as follows: 218.36. Feed per horse, $97.87 Labor per horse. Total Due$316.23 Per Horse monthly. 4 Horses r«$316.23 per month =TOTAL $1264.92 Monthly 4 Horses ra$1264.92.00 Monthly = TOTAL $15,179.04 Per Year Board will be on a Month to month basis. Board is due on the first(1") of every month and we do not bill. You can put a credit card on file and we will run the card on the first of each month OR you may always mail us a check. Board will be considered late after the 10" of each month. In the event a horse will be off property for 15 days or more we will simply require notice so we can prorate the board due. We will be feeding your horse's 2x per day We Clean stalls I per day. We do not charge for trailer parking. You will be given a tack room space for all of your tack. The facility offers a hot walker turn out arena, round pin for working your horses. We are located at the base of the Santa Rosa Mountains and provide direct trail access. You have 24 hour access to the facility. Please Note: We are providing the use of our facility and all of our included amenities at our cost For the Palm Springs police Departments Mounted unit. Our normal board rate is$450.00 per horse monthly. The City Reserves the right to terminate this Agreement an any time, with our without cause, upon Thirty (30)days written notice to vendor, except that where termination is due to the fault of the Vendor and constitutes an immediate danger to health, safety and general welfare, the period of notice shall be such shorter time as may be terminated by the City. Upon receipt of the notice of termination, Vendor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Vendor shall be entitled to Compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer Thereafter. Vendor may terminate this agreement, with or without cause, upon thirty(30) days written notice to the city. Department Head PRINT_ SIGN Palm CitySprings er PRINT ' DATE 0YManager6VVg t SIGN Smoke Tree Stables PRINT ` 6-C y (DATE _ SIGN---" `' s .. City mofPal Springs Office of the City Attorney 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 Tel:760.323.8205 • Fax:760.322.8332•TDD 760.864.9527 •www.palmspringsca.gov FORN p August 28, 2017 VIA UNITED STATES MAIL AND ELECTRONIC MAIL K.C. Johnson Smoke Tree Stables 2500 South Toledo Avenue Palm Springs, CA 92264 Re: Horse Boarding Contract for Palm Springs Police Department Mounted Unit Dear Mr. Johnson: This letter agreement (the "Agreement") will set forth the terms for Smoke Tree Stables, Inc., a California corporation ("SMOKE TREE")to provide horse boarding services for the Palm Springs Police Department Mounted Unit ("Services"). All references to "PSPD" shall mean the Palm Springs Police Department Mounted Unit of the City of Palm Springs, a California charter and municipal law corporation "CITY." SMOKE TREE on the one hand, and PSPD and the CITY on the other hand, are referenced below as the "Parties," and each as a "Party." 1. Services. SMOKE TREE will provide PSPD with the Services reflected in your letter to Captain Henk Peeters attached hereto and incorporated by this reference as "EXHIBIT A." 2. Fees. CITY will pay SMOKE TREE for Services consistent with the fees reflected in EXHIBIT A. 3. Terms of Payment. Fees are invoiced on a monthly basis. 4. Term. SMOKE TREE will provide Services to PSPD hereunder commencing July 1, 2017 through and including July 1, 2018. 5. Termination. Any Party may terminate this Agreement at anytime. Prior notice of thirty (30) days is required. Notice is required in writing, confirmed email is sufficient. Services will continue through the notice period. 6. Minimum Insurance. SMOKE TREE shall maintain insurance under this Agreement as follows: a. Comprehensive general liability and personal injury with limits of at least one hundred thousand dollars ($100,000.00) combined single limit coverage per occurrence and three hundred thousand dollars ($300,000.00) general aggregate; and b. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least five hundred thousand dollars ($500,000.00) per occurrence. If SMOKE TREE has no employees, SMOKE TREE shall complete the CITY's Request for Waiver of Workers' Compensation Post Office Box 2743 • Palm Springs,California 92263-2743 K.C.Johnson,Smoke Tree Stables August 28, 2017 Page 2 of 4 Insurance Requirement form. 7. Primary Insurance. For any claims related to this Agreement, Contractor's insurance coverage shall be primary with respect to the CITY and its officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by CITY and its respective officials, officers, employees, agents, and volunteers shall be in excess of SMOKE TREE's insurance and shall not contribute with it. For Workers' Compensation only,the insurer shall waive all rights of subrogation and contribution it may have against the CITY, its officials, officers, employees, agents, and volunteers. 8. Verification of Coverage. SMOKE TREE shall furnish the CITY with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the CITY before work commences. CITY reserves the right of the City of Palm Springs to require SMOKE TREE's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Workers' Compensation policies. Verification of Insurance coverage may be provided by: (a) an approved General Liability Endorsement Form for the CITY or(b)an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: a. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City" may be included in this statement). b. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City" may be included in this statement). C. "Should any of the above described policies be canceled before the expiration date thereof,the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. The Workers' Compensation policy listed above shall contain the insurer's waiver of subrogation in favor of CITY, its officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the CITY shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the CITY before Services commence. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them. 9. Integration, Amendment. This Agreement is fully integrated and may only be amended in a signed writing by both Parties. 10. California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. K.C.Johnson,Smoke Tree Stables August 28, 2017 Page 3 of 4 11. Independent Contractor. Neither the CITY, nor PSPD, nor any of their respective officials, officers, employees, agents, and volunteers shall have any control over the manner, mode, or means by which SMOKE TREE, its agents, employees, contractors or volunteers perform the Services required. SMOKE TREE shall perform all required services as an independent contractor of the CITY, and none of its agents, employees, contractors or volunteers shall be employees of the CITY. SMOKE TREE shall remain at all times as to CITY a wholly independent contractor with only such obligations as are consistent with that role; however,the CITY and PSPD shall have the right to review SMOKE TREE's work. 12. Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of SMOKE TREE, its principals and employees, were a substantial inducement for PSPD and the CITY to enter into this Agreement. Therefore, SMOKE TREE shall not contract with any other individual or entity to perform any Services required under this Agreement without PSPD's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of PSPD. 13. Representative of SMOKE TREE. The following principal of SMOKE TREE is designated as being the principal and representative of SMOKE TREE authorized to act and make all decisions in its behalf with respect to the specified services and work: K.C. Johnson, Owner. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for PSPD to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of SMOKE TREE and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by SMOKE TREE without prior written approval of the Contract Officer. 14. Contract Officer. The Contract Officer for PSPD and the City of Palm Springs shall be Chief of Police or his designee ("Contract Officer"). SMOKE TREE shall be responsible for keeping the Contract Officer fully informed as to the performance of the Services. SMOKE TREE shall refer any decisions that must be made by PSPD or the City of Palm Springs to the Contract Officer. With the exception of any matter arising from or related to the insurance provisions of this Agreement, any approval of PSPD or the CITY shall mean the approval of the Contract Officer. As to insurance, all approvals and decisions shall be reserved to and made by CITY's City Manager or his designee. 15. Counterparts. This Agreement may be executed in counterparts by the Parties and when the counterparts are collectively combined considered a single complete Agreement. 16. Complete Agreement. This Agreement, including EXHIBIT A incorporated herein by this reference, comprise the complete agreement between PSPD and SMOKE TREE superseding all proposals oral or written and all other communications between the Parties. If any provision of this Agreement is determined to be unenforceable, all other provisions,terms and conditions shall remain in full force. K.C.Johnson,Smoke Tree Stables August 28, 2017 Page 4 of 4 If SMOKE TREE approves and agrees with the terms of this Agreement, please sign and return this Agreement, including EXHIBIT A, to PSPD at SMOKE TREE's first opportunity. Sincerely, THE CITY OF PALM SPRINGS Edward Z. Kotkin, City Attorney APPROVED: AGREED: c David H. Ready, City Ma K.C. Johnso moke Tree Stables, Owner ATT s : APPROVED BY CITY MANAGER alLboo fun 5 G, y G'ark Gi nw w lN 2 2500 South Toledo Avenue SMOKE TREE STABLES Palm Spnugs,CA 92264 ne(760)32 i-1372 F"ax(760)320-336L F,-Mall:smkeh-eestables,d;aorcomlYour G-Mail] Web:[Web Address] HORSE BOARDING CONTRACT FOR PALM SPRINGS POLICE MOUNTED UNIT July i,2015- .July 1, 2016 Melissa Desmarais Palm Springs Police Department Mounted Unit Dear Melissa, Per our conversation, attached you will find a breakdown of costs for boarding along with amenities we provide. As discussed we are providing the stalls at our cost to the Palm Springs Police Departments Mounted unit. The breakdown is as follows. 200. Feed per horse, $90.00 Labor per horse. Total Due$290.00 Per Horse monthly. 4 Horses(k $290.00 per month =TOTAL$1160.00 Monthly 4 Horses(a, $1160.00 Monthly =TOTAL$I3,920. Per Year f_ Board will be on a Month to month basis. Board is due on the first of every month and we do not bill.You can put a credit card on file and we will run the card on the First of each month OR you may always mail us a check. Board will be considered late after the 10"of each month. 1n the event a horse will be off property fort 5 days or more we will simply require notice as to prorate the board due. We will be feeding your horse's 2x per day We Clean stalls N per day. We do not charge for trailer parking. You will be given a tack room space for all of your tack. The facility offers a hot walker turn out arena, round pin for working your horses. We are located at the base of the Santa Rosa Mountains and provide direct trail access. You have 24 hour access to the facility. Please Note: We are providing the use of our facility and all of our included amenities at our cost For the Palm Springs police Departments Mounted unit. Our normal board rate is$425.00 per horse monthly. We are happy to assist in any way we can. Please let me know if you have any additional questions. Sincerely, 4_ Stacey Johnson Smoke lice Stables DATE 5 Z'1—I S Palm Springs Mounted Police_PRINT DATE S1C'rN Please Note: We are providing the use of our facility and all of our included amenities at our cost for the Pam Springs Police Department Mounted Unit. Our normal board rate is $425.00 per horse monthly. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty(30) days written notice to Vendor, except that where termination is due to the fault of the Vendor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Vendor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Vendor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Vendor may terminate this Agreement, with or without cause, upon thirty (30) days written notice to the City. Department e d EY Palm Springs City M ager Smoke Tree St es APPROVED BY cm MANAGER o/es/zors A. 6 0C